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CHAPTER 3: THE HISTORY OF PRISON AND PRISON EDUCATION IN ETHIOPIA
INTRODUCTION
In the previous chapter, literature was reviewed to show the current international trends in the provision of prison education. Basically, the reviews focused on the objectives for providing prison education, the curricular directions, activities and delivery mechanisms. Moreover, the challenges faced by correctional institutions while providing education for inmates were discussed.
The concern of this study is investigating the practices of prison education in two selected prisons of Ethiopia. Hence, reviewing the literature on how prison education was started in the country is crucial to give the foundation for discussing practices. Hence, this chapter provides a brief history of prisons and prison education in Ethiopia.
THE HISTORY OF PRISON IN ETHIOPIA
In Ethiopia, the history and development of prisons are not clearly known (EHRC 2012:22). However, the report by Worku, Geberemariam and Belete (2014:2) stated that the practice of imprisonment and punishment was started during power conflicts among princes during „Zemene Mesafint’ (the Ethiopian term for « era of the princes) to imprison those surrendered and those who protested those in power. Similar sources also show that the practice of imprisonment could be traced back to the 17th century in Ethiopia (Gulilat 2012:48; Tadesse 2011:174).
Regarding the locations of prisons, it is reported that the then prisons were purposely located remote and inaccessible area usually in mountain cliffs, one of which was “wehini Amba”. As a result, prisoners during this time were made to suffer from harsh conditions of the places they were in and they were treated in a cruel way by prison officers (Gulilat 2012:48; Tadesse 2011:174; Worku et al. 2014:2). Literature shows, prisons during that time were disorganised and un-institutionalised as there was no system that governs their administration (Gulilat 2012:48; Tadesse 2011:174). Citing documented sources, Tadesse (2011:174) reported that though there were places which were used as prisons long ago in Ethiopia, the conditions of the places and the methods employed to punish criminals were inhuman and degrading. Hence, the practice of imprisonment in Ethiopia was there for a long period of time without legal backup and proper handling of inmates. Taken collectively, the formal and structured prison system in the country is young when compared to other European and Asian countries.
The beginning of formal prison system in Ethiopia is also not free from a debate among writers. For instance, Worku et al. (2014:2) stated that the first formal prison system was established in Ethiopia in 1924 when Ethiopia required joining the League of Nations (now United Nations) and its request was rejected because of inexistence of prison system which fulfilled certain standards. Accordingly, according to them, the first formal prison in Ethiopia, “Kerchele/Alem bekagn” was established in the capital Addis Ababa by French engineers (Worku et al. 2014:2). Other sources connect the beginning of prison system in Ethiopia with Italians during their five years stay in Ethiopia (EHRC 2012:22; Gulilat 2012:49; Tadesse 2011:174). According to these scholars, the modern practice of prison and imprisonment was started in Ethiopia with the building of a number of prisons during Hailesillasieie regime (1942-1974). In fact, Worku et al. (2014:2) also believe that the prison which was first established had various problems with regard to structure and administration and agree with the later scholars that the modern prison with clear organisation and structure was started in the 1940s. Hence, based on these sources, it is possible to say that it was during Hailesilassie‟s time that the modern history of prisons began in Ethiopia. In other words, although there were such practices before this time, the 1940s could be taken as the time when a modern practice of imprisonment has been started in Ethiopia.
During the reign of Hailesillassie, besides to the establishment of prisons, proclamation No.45/1944 was issued to facilitate prison administration (Centre for International Legal Cooperation[CILC] 2005:110; EHRC 2012:22; Gulilat 2012:49).
In fact, Ethiopia had the first written constitution in 1931, which means that the how of the treatment of prisoners has not been constitutionally mentioned before this time (Gulilat 2012:36). The criminal law has been proclaimed in 1957 to complement what has already been provided in the proclamation No. 45/1944 regarding prison administration and treatment of prisoners (Gulilat 2012:37). So, it is believed that the criminal law issued in 1957 is better than proclamation No. 45/1944 in terms of handling and punishment of inmates as it clearly indicated prisoner duties and rights regarding work payments, parole and education and training (Worku et al. 2014:3).
As a result of these proclamations and laws, though they were disorganised and unsystematic, there were basic education and vocational related training provisions in most of the prisons and in some prisons reading rooms were also established where local newspapers, few books, mostly collected from donors were availed to the prisoners (Gulilat 2012:50; Worku et al. 2014:3).
During Dergue Regime (1974-1991), prisons were expanded all over the country (2012:23). During this time, as a result of mass incarceration and inhuman handling of prisoners, the prison condition in Ethiopia was worsened (Worku et al. 2014:3). Though a number of additional prisons were built at the time, the number of prisoners was beyond the capacity of the then existing prisons because of mass imprisonment without an order from the court (Gulilat 2012:50; Worku et al. 2014:3). In such conditions, the services provided were also limited. Worku et al. (2014:3) reported that the prisons and handling of prisoners during this time looked like the ones during „Zemene Mesafint‟ as the prisoners were suffering from insufficient provisions of services like food, clothing and health care. The EHRC report also reported the corporal punishment of prisoners and the lack of food and health care in the prisons during that time (EHRC 2012:22). Regarding education, except the National Literacy campaign which was implemented for ten years all over the country, there was no regular educational programme for prisoners in the country during this time (Gulilat 2012:51-52). Similarly, in the Ethiopian human right commission document, it was stated, “Some attempts had been made at the time to open and expand educational services in prisons”. However, those were not sufficient in line with what was expected from modern prison systems.
After the current government came to power in 1991, there are a lot of positive changes. In 1991, the prisons all over the country were closed releasing all prisoners (Worku et al. 2014:3). However, the statement of the transitional government issued in October 1992 proclaimed to re-establish prisons in a new way and based on what the time demands and the mission of such institutions, and as part of these changes the name “prisons” were changed to “correctional institutions” (Worku et al. 2014:3). During this time, a new approach to the administration of prisons was devised and the detention centres were focused on correcting and rehabilitating inmates as it was clearly stated in the Transitional Government Charter and the 1995 FDRE Constitution and regional State proclamations (EHRC 2012:24). Hence, from this brief history of prisons in Ethiopia, we can see the gradual institutionalisation of prisons and their philosophical shift from punishing prisoners to rehabilitating them.
THE BEGINNING OF PRISON EDUCATION IN ETHIOPIA
In Africa, the African Charter on Human and Peoples‟ Rights (OAU 1986:3), in line with the Universal Declaration of Human Rights respects the rights of individuals to be treated as humans and recognises the legal status of individuals. Article 5 of this document states:
Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited (OAU 1986:3).
In 2002, the Ouagadougou Declaration and Plan of Action on Accelerating Prisons and Penal Reforms in Africa was issued by the African Commission on Human and Peoples‟ Rights which is contributing a lot to the betterment of prison conditions in Africa (in Gulilat 2012:15). The Ouagadougou Declaration aimed among others at controlling overcrowding, facilitating reintegration thereby upholding the implementation of what is declared by the African Charter on Human and Peoples„ Rights (in Gulilat 2012:16). Seen from such concerns, the declarations made by the African commission are in line with the Universal Declaration of Human Rights and other international commitments to make prison life easier and constructive. Among various issues taken into consideration to facilitate rehabilitation in prison settings, education is at the forefront. It is argued that education and training in the prison setting have advantages in bringing about improvements in inmates’ behaviour, personality and health (Dissel in Gulilat 2012:77).
Education is taken as the most important instrument for alleviating poverty at international level (Alessandra et al. 2013:1). Though education plays a key role in the overall development of both developed and developing countries, its need and importance are greater when it comes to developing countries. It is because education provision for citizens is seen as an instrument for all rounded developments on which particularly developing countries are lagging behind. It has also been practically tested that education is among the major means through which development can be sustained (Alessandra et al. 2013:1). Besides its role as a crucial weapon for human and national development, the fact that it is a human right puts pressure on both national and international communities to consider it seriously.
However, there can be wider differences in the provision of education to groups of people even in the same country due to various factors. For instance, the opportunity to get education may vary between urban and rural, rich and poor, young and old, etc. Particularly, if one talks about education, what comes to the minds of people, especially in Ethiopia, is the formal provision and the one provided for children and youth. However, the Education For All which was first declared in Jomtien (1990) and later reaffirmed in Dakar (2000) recognising fundamental human rights clearly stated that not only children and young people but also all adults have the right to basic education (in Alessandra et al. 2013:2). Similarly, Knowland and Thomas (2014:100) noted that conventionally education was seen as something one learns during childhood so as to be prepared for adult roles. These scholars also argue that learning during adulthood is important to keep pace with the ever-changing technological, social and working conditions and to compensate what has not been learnt during childhood. Besides, it is believed that education of adults is the short route to achieve development agendum and a guarantee for the education of children and youth.
Paradoxically, education for adults is not given attention like that of children and youth particularly in developing countries (Knowland & Thomas 2014:100). Although adults themselves have their own reasons for not participating in educational programmes even when they are given opportunities, lack of access to education among adults is mainly attributed to the problems from the side of the providers. Ethiopia is not an exceptional on such matters as the education of adults is seen as secondary (Asnake 2012:331).
Though Ethiopia is known for being the only country in Sub-Saharan Africa with its own alphabet and an education with religious orientation for centuries (Semela 2010:110), the beginning of education for a development purpose is a recent phenomenon. Formal education focusing on children was started around the beginning of the 20th century (Semela 2010:110). However, education of adults got attention after half a century in 1955 when the Imperial government issued a proclamation which gave those aged between 18 and 50 the opportunity to attend education on a part-time basis. During the military rule (1974-1991), education of adults continued with strong momentum. In this era, though there were no organised education and training programmes across prisons in the country, prisoners have participated in the National Literacy Campaign programme (Gulilat 2012:51-52).
PRISON EDUCATION: THE CURRENT ETHIOPIAN CONTEXT
As indicated above, though there are still a lot of problems, improvements are observed in the way prisons are administered since the incumbent government took power when compared to the previous systems. For instance, the current government seems concerned about issues of democracy, participation, justice, equality, peace, human rights and ethnic rights (Wondimu, 2008:43). In line with this, the report by International Labour Organization about the current prison condition in Ethiopia reads:
Some twenty-two years have passed since policies and strategies have been implemented enabling convicts remanded to prison following conviction by a court of law to give back to the community they harmed as well as to make them productive citizens by rehabilitating them psychologically and providing them with different academic and vocational training. It has been some time now since prisoners began to appreciate that prisons are no longer the hell they used to be but are in fact centres of change where they endeavour to engage in development (International Labour Organization [ILO]s.a:4).
Among the indicators which show the commitment of the government to such issues is the prison reform. Though the role of prisons was more focused on punishing people than on rehabilitation programmes prior to the issuance of the proclamation in 2003, significant positive changes were achieved then after. In 2003 Proclamation 365/2003 was issued and replaced Prison Proclamation 45/1944 (CILC 2005:110; Gulilat 2012:52). Among the reforms considered in the newly issued proclamation, one was the rehabilitation and issuance of the Federal Prison Commission. As part of this reform, different offices were organised (from Federal to the lower level) to ensure the well-being of prisoners. In relation to prison education, one of the responsibilities of this Commission is to « provide prisoners with academic education, vocational training, social work and counselling services to facilitate their post-release rehabilitation and respect for the law » (FDRE 2003:7). In the same token, Recommendation number 19 on the Penitentiary System of Ethiopia by the Centre for International Legal Cooperation (2005:271) suggests, each and every one of the inmates should be given the right to basic education and vocational training making those who need basic literacy skills a priority. Later on, the Ethiopian Government issued a declaration on the treatment of federal prisoners. In Article 23 of the Regulation on Treatment of Federal Detainees No. 138/2007 and regional regulations, it was stated that prisoners have the right to academic and different vocational training (EHRC 2012:78).
Moreover, to address international commitments like EFA and MDGs and to provide education for all, the current government has made a tremendous effort with regard to equity, access, and quality issues in the education system of the country. Among these commitments shown are the issuance of the new federal constitution (FDRE 1995) and the New Education and Training Policy (MoE 1994) which guaranteed better conditions for all citizens including inmates.
Part of this development, the Constitution of Ethiopia (FDRE 1995:15) recognises education as one of the fundamental rights of citizens. For instance, Article 21(1) of the constitution states that “all persons held in custody and imprisoned upon conviction and sentencing have the right to get treatments that respect their human dignity”. And, Article 41 (3 & 4) further offers Ethiopian nationals to get equal access to publicly funded social services (FDRE 1995:24).
In addition, Ethiopian policies are directed to poverty alleviation to bring about sustainable development and become a middle-income country in the coming ten years (MoE 2010:14; Ministry of Finances and Economic Development [MoFED] 2010:34). This goal of becoming a middle-income country can only be achieved basically through the provision of education for all citizens, including inmates. Besides, Ethiopia is a signatory to international laws and guaranteed prisoners’ rights through its constitution and policies and strategies. As to the ILO‟s report (s.a:31), prisoners in Ethiopian correctional institutions, among others, have the right to access capacity building services, counselling, skills training, business development services and the right to engage in income generating activities.
As a result of the policies and strategies, impressive outcomes are being observed in some of the correctional institutions of Ethiopia. For instance, in one of the regions of Ethiopia, Tigray, the intervention to bring about prisoners’ rehabilitation has been observed changing the behaviour of inmates and benefiting the correctional centres, the community and the region at large. The report further showed that the prisoners are rejoining the society with new skills and a greater chance of employability. This report further noted that the provision of a better chance for inmates to integrate with the community helped the inmates lead a peaceful and productive life after prison which in turn reduces crime and the number of inmates returning to prison (ILO s.a:12).
This is true only in few prisons because in most others there is still a gap between what is stated in the constitution and policy, and what is being implemented. For instance, in the report made by the Centre for International Legal Cooperation (CILC 2005:164) based on the baseline study of the Ethiopian Justice System, it was made clear that the status of prisons in Ethiopia is below the international standards. Among others, the report revealed that problems Ethiopian prisons are facing include lack of training centres for both administrators and inmates, lack of training materials, aids and reference books and materials for education, fields for recreation and sports.
Regarding the physical conditions of prisons including education facilities, it was reported that in some instances they were « …intolerable » (CILC 2005:196). Researches (cf. Gulilat 2012; Tadesse 2011) conducted in prisons of Ethiopia attest to this. In his study, Tadesse (2011:177) also showed that the handling of prisoners and services provided in some selected prisons of Oromia National Regional state are below the standards except Dippo centre of technical and vocational training for prisoners. This study found that these prisons are generally found to be poor in terms of accommodation, clothing and bedding, personal hygiene, medical care, sport and exercise, libraries and books, work, education and training, separation of categories and compliant handling procedures. Similarly, a study conducted in the federal prison of Addis Ababa, the capital city of Ethiopia, found the overcrowding, inadequate or inappropriate food, poor sanitation, inadequate medical services and a lack of recreation or educational facilities as challenges facing these institutions(Gulilat 2012:89). This researcher concluded that all these conditions of the prisons in Addis Ababa are not in line with the UN Standard Minimum Rules for the Treatment of Prisoners, Articles 18 and 21 of the Ethiopian constitution as well as Article 10 and 7 of ICCPR (Gulilat 2012:89). This study further revealed that the education and training programmes which are available are not given regularly, females do not take part in the programme and the trainers are not equipped enough to provide valuable training to inmates (Gulilat 2012:95).
In most African countries, it is not easy to find data on the state of imprisonment and the conditions there which basically is due to « …institutional incapacity… » (UNODC 2005:9). The same is true in Ethiopia. Except for the presence of few policy related documents on how to handle prisoners, it is hard to find studies and other documents showing the state of prison and prisoners in Ethiopia. This, in fact, could be taken as a problem and opportunity to this study. The limited presence of such relevant documents needs an investigation, like the current study, that clearly shows the status and development of prison education in Ethiopia. On the other hand, conducting a study in the face of such problems could also be seen as a challenge as it would be difficult to start from the scratch without studies that can be traced and used as a base for further investigation.
The researcher of this study believes that if the country wants to achieve international commitments like the MDGs or the upcoming goals envisaged for post 2015 and achieving its own plan of becoming a middle-income country, all citizens should get an opportunity to education not only because it is their right but it helps the country to bring about the desired development in all aspects and in sustaining the development achieved so far. Focusing on only some portions of the society and their problems may be easier to address in a short period of time but will not guarantee full-fledged development in a sustainable way. Hence, equal chance should be given to all citizens, including prisoners.
SUMMARY
The intent of this chapter was to show the trend of prison education in the Ethiopian context. In this chapter, the short history of the modern prison system in Ethiopia coupled with the lack of researches conducted in this field, negatively affected discussion on specific issues to show the trends of the provision of correctional education. This is because the study could only review related policy documents and a couple of studies conducted on the issue. From this, it is could be concluded that prison education in Ethiopia is at its infancy stage compared to what literature show at international level as discussed in chapter two. Yet from the limited literature reviewed, it was evident that education of prisoners is irregular, disorganised and limited in scope; hence, demands a serious commitment of concerned bodies and further deliberations.
The next chapter deals with the methodology followed by the study. It sets out by discussing constructivist paradigm as theoretical framework followed by explanations of research strategy and approach. Then it discusses the population, sample and sampling techniques, the methods of data collection and the procedures followed in collecting the data as well as the techniques of data analyses. The chapter also tries to reveal strategies to ensure validity and reliability and ethical issues to be considered in conducting the research.
TABLE OF CONTENTS
LIST OF FIGURES
DECLARATION OF ORIGINALITY
DEDICATION
ACKNOWLEDGEMENTS
ABBREVIATIONS
ABSTRACT
CHAPTER 1: ORIENTATION TO THE STUDY
1.1 INTRODUCTION AND BACKGROUND OF THE STUDY
1.2 AFRICAN HUMANISM/UBUNTU AS A THEORETICAL FRAMEWORK
1.3 STATEMENT OF THE PROBLEM
1.4 RATIONALE FOR EMPIRICAL RESEARCH
1.5 RESEARCH QUESTIONS
1.6 AIMS OF THE STUDY
1.7 RESEARCH METHODOLOGY
1.8. DEFINITION OF KEY TERMS
1.9. CHAPTER DIVISION
1.10. SUMMARY
CHAPTER 2: PRISON EDUCATION: AN INTERNATIONAL PERSPECTIVE
2.1. INTRODUCTION
2.2. PRISON EDUCATION: CONCEPTUALISATIONS
2.3 THE EVOLUTION OF PRISON EDUCATION
2.4. THE MOTIVES FOR PROVISION OF EDUCATION IN PRISONS
2.5. PRISON EDUCATION PROVISIONS: AN INTERNATIONAL PERSPECTIVE
2.6. SUMMARY
CHAPTER 3: THE HISTORY OF PRISON AND PRISON EDUCATION IN ETHIOPIA
3.1. INTRODUCTION
3.2. THE HISTORY OF PRISON IN ETHIOPIA
3.3. THE BEGINNING OF PRISON EDUCATION IN ETHIOPIA
3.4. PRISON EDUCATION: THE CURRENT ETHIOPIAN CONTEXT
3.5. SUMMARY
CHAPTER 4: RESEARCH METHODOLOGY
4.1. INTRODUCTION
4.2. CONSTRUCTIVIST GROUNDED THEORY AS A THEORETICAL FRAMEWORK
4.3. METHODOLOGY
4.4. RESEARCH SETTING
4.5. RESEARCH METHODS
4.6. STRATEGIES TO ENSURE TRUSTWORTHINESS
4.7. ETHICAL CONSIDERATIONS
4.8. SUMMARY
CHAPTER 5: DATA ANALYSIS AND DISCUSSION
5.1. INTRODUCTION
5.2. DATA ANALYSIS
5.3. DISCUSSION OF THE FINDINGS REGARDING THE EDUCATION PRACTICES IN CORRECTIONAL INSTITUTIONS IN ANRS, ETHIOPIA
5.4. SUMMARY
5.5. CONCLUDING REMARKS
CHAPTER 6: SUMMARY, CONCLUSIONS, AND RECOMMENDATIONS
6.1. INTRODUCTION
6.2. SUMMARY OF RESEARCH FINDINGS
6.3 RESEARCH CONCLUSIONS
6.4. RECOMMENDATIONS
6.5. AVENUES FOR FURTHER RESEARCH
6.6. LIMITATIONS OF THE STUDY
6.7. CONCLUDING REMARKS
BIBLIOGRAPHY
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